2009/08/19 Council Agenda Packet

• Correct Unsafe Condition. The Pollution Hearing Officer is authorized to affirm or reverse the order or to modify the conditions thereof. The decision of the Pollution Hearing Officer shall be final, subject to certiorari proceedings- in Snohomish County Superior Court filed no longer than ten (10) days after issuance. Copies of the petition for review shall be served on the City as in all civil actions. The filing of the petition shall not stay enforcement of the Order except by order of the Superior Court and on posting of a bond to be determined by the court naming the City as beneficiary. The review shall be conducted on the record by the court without a jury. The record shall be satisfied by a narrative report certified by the Pollution Hearing Officer and no verbatim record of proceedings before the Pollution Hearing Officer shall be required to be presented to the Superior Court; provided that the court may order that the record may be supplemented as necessary to determine whether the Order is illegal or arbitrary and capricious. The court may affirm the Order or remand the case for further proceedings; or it may reverse the Order if the substantial rights of the petitioners may have been prejudiced because the findings, conclusions and decision are determined to be arbitrary, capricious or contrary to law. F. The Pollution Hearing Officer is authorized to establish rules and procedures for said appeals. G. Failure to comply with an order to correct unsafe condition after the date for completion shall be a violation of this ordinance. • is hereby amended to read as follows: SECTION 9: CORRECTION AND DISCONTINUANCE OF UNSAFE CONDITIONS. A. The Director may order the correction or discontinuance of any unsafe condition. B. Such order shall be writing served on the owner or occupant of the premises where the unsafe condition exists. 63